IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-40390

Summary Calendar

ANTWON PARKER,

Plaintiff-Appellant

v.

DAVID FORTNER; FNU SCRUGGS; JEANIE ALLISON; DR. FNU HANLEY;

CECIL HASTY; AMY JONES; PATRICK COOPER; NEAL WEB; MICHAEL

SIZEMORE, 

Defendants-Appellees

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:10-CV-296

Before BENAVIDES, HAYNES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Antwon Parker,Texas prisoner # 1311517, appeals the summary judgment

dismissing his claims of deliberate indifference to medical needs, retaliation, and

discrimination. We have reviewed the record, including Parker’s submissions

in opposition to summary judgment, and we conclude that he has not shown any

genuine dispute as to any material fact concerning whether the defendants

United States Court of Appeals

Fifth Circuit

F I L E D

January 23, 2013

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

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No. 12-40390

showed deliberate indifference to his medical needs. See FED. R. CIV. P. 56(a);

Duffie v. United States, 600 F.3d 362, 371 (5th Cir. 2010); Lawson v. Dallas

County, 286 F.3d 257, 262 (5th Cir. 2002). The record is replete with

uncontested evidence ofParker’s medical care showing that Parker’s contentions

concern only his disagreement and dissatisfaction with the diagnosis and

treatment of his medical problems. See Sama v. Hannigan, 669 F.3d 585, 590

(5th Cir. 2012); Banuelos v. McFarland, 41 F.3d 232, 235 (5th Cir. 1995).

Accordingly, he has not made the showing necessary to defeat summary

judgment on his claims of deliberate indifference to his medical needs. See

Duffie, 600 F.3d at 371.

Parker’s claims that defendant Cecil Hasty showed deliberate indifference

to his medical condition by assigning him to jobs beyond his medical restrictions

likewise fail. Parker has failed to show that there is a genuinely contested

factual issue as to whether Hasty ignored any restriction of which he had actual

knowledge. See Lawson, 286 F.3d at 262-63.

Concerning retaliation, Parker merely reiterates his prior allegations of

defendant wrong-doing and fails to identify any genuine factual issue that would

suggest a retaliatory motivation by any defendant. See Woods v. Smith, 60 F.3d

1161, 1164-66 (5th Cir. 1995).

Parker also contends that Hasty discriminated against him on racial

grounds in the distribution of kitchen job assignments. Parker asserts merely

that Hasty temporarily assigned to a white prisoner the shift that Parker had

been working and that there was no rational basis for doing so. Hasty testified

by affidavit that work was assigned on the basis of practical factors and that

Parker’s assignment was not based on race. In response, Parker failed to

identify any genuine factual dispute material to the essential issue of

discriminatory intent. See Adkins v. Kaspar, 393 F.3d 559, 566 (5th Cir. 2004)

(rejecting prison discrimination claim based on “bald, unsupported, conclusional

allegations”); Woods v. Edwards, 51 F.3d 577, 580 (5th Cir. 1995).

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Parker makes vague and speculative claims for additional discovery. He

fails to show that the district court abused its discretion by denying additional

discovery. See Raby v. Livingston, 600 F.3d 552, 561 (5th Cir. 2010);

International Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1267 (5th Cir. 1991). 

Parker likewise fails to a show that the district court abused its discretion

by declining to appoint counsel. See McFaul v. Valenzuela, 684 F.3d 564, 581

(5th Cir. 2012). Parker was able to present his claims vigorously and coherently.

The judgment of the district court is AFFIRMED.

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